(c) any other information required by the regulations.
(2) The assessment completion time for a place must be either:
(a) a time that is at or before the end of the assessment period to which the list relates; or
(b) if the Australian Heritage Council considers it likely that making an assessment in relation to the place will take a period that is longer than 12 months—the end of that longer period (calculated from the start of the assessment period).
324JD Statement to be given to Minister with proposed priority assessment list
(1) When the Australian Heritage Council gives the Minister the priority assessment list for an assessment period, the Council must also give the Minister a statement setting out such information as the Council considers appropriate relating to:
(a) for each place that is included in the list—why the Council included the place in the list; and
(b) for each place that is not included in the list but that was eligible for assessment consideration because of paragraph 324JB(3)(a) or (c)—why the Council did not include the place in the list.
(2) The statement must also identify, as places nominated by the Australian Heritage Council:
(a) any places that are included in the list because the Council itself wishes to nominate them (see paragraph 324JB(3)(b)); and
(b) any places that are included in the list because of paragraph 324JB(3)(d) that consist of one or more places to which paragraph 324JB(3)(b) applies.
324JE The finalised priority assessment list
(1) Within 20 business days after the Minister, under section 324JB, receives the proposed priority assessment list for an assessment period, the Minister may, in writing, make changes to the list as mentioned in subsection (2).
(2) The changes the Minister may make are as follows:
(a) including a place in the list (and also including the matters referred to in subsection 324JC(1));
(b) omitting a place from the list (and also omitting the matters referred to in subsection 324JC(1));
(c) changing the assessment completion time for a place in the list;
(d) any other changes of a kind permitted by the regulations.
(3) In exercising the power to make changes, the Minister may have regard to any matters that the Minister considers appropriate.
(4) At the end of the period of 20 business days referred to in subsection (1), the list, as changed (if at all) by the Minister, becomes the finalised priority assessment list for the assessment period.
(5) The Minister must notify the Australian Heritage Council of all changes that the Minister makes to the list.
(6) The finalised priority assessment list is not a legislative instrument.
324JF Publication of finalised priority assessment list
(1) The Australian Heritage Council must publish the finalised priority assessment list for an assessment period on the internet.
(2) The Australian Heritage Council must also publish the finalised priority assessment list in accordance with any requirements of the regulations.
324JG Australian Heritage Council to invite comments on places in finalised priority assessment list
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must publish a notice inviting people to make comments on the place.
(2) The Australian Heritage Council may, under subsection (1), publish a single notice relating to all of the places on the finalised priority assessment list, or may publish a number of separate notices, each of which relates to one or more of the places.
(3) A notice under subsection (1), in relation to a place or places:
(a) must be published in accordance with the regulations referred to in paragraph (4)(a); and
(b) must identify the place or places to which the notice relates; and
(c) must invite people to make comments, to the Australian Heritage Council, about:
(i) whether the place or places meet any of the National Heritage criteria; and
(ii) whether the place or places should be included in the National Heritage List; and
(d) must specify the date (the cut‑off date) by which comments must be received, which must be at least 30 business days after the notice has been published as required by paragraph (a); and
(e) must specify, or refer to, the manner and form requirements that, under regulations referred to in paragraph (4)(b), apply to making comments; and
(f) may also invite people to comment on other matters that the Australian Heritage Council considers appropriate; and
(g) may also include any other information that the Australian Heritage Council considers appropriate.
(4) The regulations must provide for the following:
(a) how a notice under subsection (1) is to be published;
(b) the manner and form for making comments.
324JH Australian Heritage Council to assess places on finalised priority assessment list and give assessments to Minister
(1) In relation to each place included in the finalised priority assessment list for an assessment period, the Australian Heritage Council must (by the time required by section 324JI):
(a) make a written assessment whether the place meets any of the National Heritage criteria; and
(b) give to the Minister:
(i) the written assessment (or a copy of it); and
(ii) a copy of the comments referred to in paragraphs (2)(a) and (b) (whether or not they have all been taken into account under subsection (2)).
(2) In making an assessment in relation to a place, the Australian Heritage Council, subject to subsections (3) and (4):
(a) must take into account the comments the Council receives in response to the notice under subsection 324JG(1) in relation to the place; and
(b) may take into account the comments the Council receives in response to the opportunity referred to in paragraph (5)(c); and
(c) may seek, and have regard to, information or advice from any source.
(3) The Australian Heritage Council is not required to take a comment referred to in paragraph (2)(a) into account if:
(a) the Council does not receive the comment until after the cut‑off date specified in the notice under subsection 324JG(1) in relation to the place; or
(b) the Council considers that regulations referred to in paragraph 324JG(4)(b) have not been complied with in relation to the comment.
(4) In making an assessment, the Australian Heritage Council must not consider any matter that does not relate to the question whether the place meets any of the National Heritage criteria.
(5) If, in making an assessment, the Australian Heritage Council considers that a place might have one or more National Heritage values, the Council must:
(a) take all practicable steps:
(i) to identify each person who is an owner or occupier of all or part of the place; and
(ii) if the Council considers the place might have an indigenous heritage value—to identify each Indigenous person who has rights or interests in all or part of the place; and
(b) take all practicable steps to advise each person identified that the Council is assessing whether the place meets any of the National Heritage criteria; and
(c) give persons advised at least 20 business days to comment in writing whether the place should be included in the National Heritage List.
(6) If the Australian Heritage Council is satisfied that there are likely to be at least 50 persons referred to in subparagraph (5)(a)(i), the Council may satisfy the requirements of subsection (5) in relation to those persons by including the information referred to in paragraphs (5)(b) and (c) in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the place;
(c) displays in public buildings at or near the place.
(7) If:
(a) the Australian Heritage Council considers that the place might have an indigenous heritage value; and
(b) there are Indigenous persons who:
(i) have rights or interests in all or part of the place; and
(ii) are neither owners nor occupiers of all or part of the place; and
(c) the Australian Heritage Council is satisfied that there is a body, or there are bodies, that can appropriately represent those Indigenous persons in relation to those rights and interests;
the Australian Heritage Council may satisfy the requirements of subsection (5) in relation to those Indigenous persons by giving the information referred to in paragraphs (5)(b) and (c) to that body or those bodies.
324JI Time by which assessments to be provided to Minister
(1) Subsection 324JH(1) must be complied with, in relation to a place included in the finalised priority assessment list for an assessment period, by the assessment completion time specified in the list for the place, or by that time as extended under this section.
(2) The Australian Heritage Council may request the Minister to extend the assessment completion time (or that time as previously extended) if the Council considers that it needs more time to make the assessment.
(3) The Minister may, in response to a request under subsection (2), extend the assessment completion time (or that time as previously extended) by such period (if any) as the Minister considers appropriate. However, the total length of all extensions of the assessment completion time must not be more than 5 years.
(4) An extension under subsection (3) must be made in writing.
(5) If the Minister grants an extension under this section, the Minister must publish particulars of the extension in a way that the Minister considers appropriate.
324JJ Decision about inclusion of a place in the National Heritage List
Minister to decide whether or not to include place
(1) After receiving from the Australian Heritage Council an assessment under section 324JH whether a place (the assessed place) meets any of the National Heritage criteria, the Minister must:
(a) by instrument published in the Gazette, include in the National Heritage List:
(i) the assessed place or a part of the assessed place; and
(ii) the National Heritage values of the assessed place, or that part of the assessed place, that are specified in the instrument; or
(b) in writing, decide not to include the assessed place in the National Heritage List.
Note: The Minister may include a place in the National Heritage List only if the Minister is satisfied that the place has one or more National Heritage values (see subsection 324C(2)).
(2) Subject to subsection (3), the Minister must comply with subsection (1) within 90 business days after the day on which the Minister receives the assessment.
(3) The Minister may, in writing, extend or further extend the period for complying with subsection (1).
(4) Particulars of an extension or further extension under subsection (3) must be published on the internet and in any other way required by the regulations.
(5) For the purpose of deciding what action to take under subsection (1) in relation to the assessed place:
(a) the Minister must have regard to:
(i) the Australian Heritage Council’s assessment whether the assessed place meets any of the National Heritage criteria; and
(ii) the comments (if any), a copy of which were given to the Minister under subsection 324JH(1) with the assessment; and
(b) the Minister may seek, and have regard to, information or advice from any source.
Additional requirements if Minister decides to include place
(6) If the Minister includes the assessed place, or a part of the assessed place (the listed part of the assessed place), in the National Heritage List, he or she must, within a reasonable time:
(a) take all practicable steps to:
(i) identify each person who is an owner or occupier of all or part of the assessed place; and
(ii) advise each person identified that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and
(b) if the assessed place:
(i) was nominated; or
(ii) was included in a place that was nominated; or
(iii) includes a place that was nominated;
by a person in response to a notice under subsection 324J(1)—advise the person that the assessed place, or the listed part of the assessed place, has been included in the National Heritage List; and
(c) publish a copy of the instrument referred to in paragraph (1)(a) on the internet; and
(d) publish a copy or summary of that instrument in accordance with any other requirements specified in the regulations.
(7) If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph (6)(a)(i), the Minister may satisfy the requirements of paragraph (6)(a) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the assessed place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the assessed place;
(c) displays in public buildings at or near the assessed place.
Additional requirements if Minister decides not to include place
(8) If the Minister decides not to include the assessed place in the National Heritage List, the Minister must, within 10 business days after making the decision:
(a) publish the decision on the internet; and
(b) if the assessed place:
(i) was nominated; or
(ii) was included in a place that was nominated; or
(iii) includes a place that was nominated;
by a person in response to a notice under subsection 324J(1)—advise the person of the decision, and of the reasons for the decision.
Note: Subsection (8) applies in a case where the Minister decides that none of the assessed place is to be included in the National Heritage List.
Subdivision BB—Inclusion of places in the National Heritage List: emergency process
324JK Simplified outline
The following is a simplified outline of this Subdivision:
This Subdivision sets out the emergency process for the inclusion of places in the National Heritage List.
The emergency process involves the following steps:
(a) the Minister may include a place in the National Heritage List if it is under threat (see section 324JL);
(b) the Minister asks the Australian Heritage Council to assess the place (see section 324JM);
(c) the Australian Heritage Council publishes notice of the listing and invites comments (see section 324JN);
(d) the Australian Heritage Council assesses the place, and gives the assessment to the Minister (see sections 324JO and 324JP);
(e) the Minister has 12 months from the listing of the place to decide whether it should continue to be listed, and the listing will lapse if the Minister does not make a decision within that period (see section 324JQ).
324JL Minister may include place in National Heritage List if under threat
(1) If the Minister believes that:
(a) a place has or may have one or more National Heritage values; and
(b) any of those values is under threat of a significant adverse impact; and
(c) that threat is both likely and imminent;
the Minister may, by instrument published in the Gazette, include in the National Heritage List the place and the National Heritage values the Minister believes the place has or may have.
(2) If:
(a) the place is included in the National Heritage List under subsection (1); and
(b) before that inclusion of the place, the place was being considered for inclusion in the List under the process set out in Subdivision BA;
that process ceases to apply to the place when it is included in the List under subsection (1).
Note: Subsection (2) does not prevent the process in Subdivision BA again starting to apply to the place if (for example) the place ceases to be listed because of subsection 324JQ(1) or (4) and a person subsequently nominates the place under that Subdivision.
(3) If the place is included in the National Heritage List under subsection (1), the Minister must:
(a) within 10 business days after the inclusion of the place, publish a copy of the instrument under subsection (1):
(i) on the internet; and
(ii) in accordance with any other requirements specified in the regulations; and
(b) take all practicable steps to:
(i) identify each person who is an owner or occupier of all or part of the place; and
(ii) advise each person identified that the place has been included in the National Heritage List.
(4) If the Minister is satisfied that there are likely to be at least 50 persons referred to in subparagraph (3)(b)(i), the Minister may satisfy the requirements of paragraph (3)(b) in relation to those persons by including the advice referred to in that paragraph in one or more of the following:
(a) advertisements in a newspaper, or newspapers, circulating in the area in which the place is located;
(b) letters addressed to “The owner or occupier” and left at all the premises that are wholly or partly within the place;
(c) displays in public buildings at or near the place.
324JM Minister to ask Australian Heritage Council for assessment
(1) If the Minister includes a place in the National Heritage List under section 324JL, the Minister must, in writing, request the Australian Heritage Council to give the Minister an assessment of whether the place meets any of the National Heritage criteria.
(2) The request must specify the assessment completion time for the assessment.
Note: When specifying an assessment completion time, the 12‑month period referred to in subsection 324JQ(1) should be considered.
324JN Publication of listing of place and inviting comments
(1) If the Australian Heritage Council receives a request under subsection 324JM(1) in relation to a place that has been included in the National Heritage List, the Council must publish a notice inviting people to comment on the listing of the place.